Smith v. Commissioner of Social Security

Filing 22

ORDER signed by Magistrate Judge Kendall J. Newman on 7/13/2017 GRANTING 21 Motion for leave to file a late motion for summary judgment. Plaintiff's 20 Motion for Summary Judgment is DEEMED TIMELY FILED. (Washington, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES D.A. SMITH,

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No. 2:16-cv-1561-KJN

Plaintiff,
v.

ORDER

COMMISSIONER OF SOCIAL
SECURITY,

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Defendant.

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On April 17, 2017, the court granted plaintiff an extension until May 17, 2017, to file a

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motion for summary judgment. (ECF No. 18.) However, that deadline passed without the filing

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of a motion for summary judgment.

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On July 12, 2017, plaintiff filed a motion for summary judgment (ECF No. 20), along

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with a motion for leave to file a late motion for summary judgment (ECF No. 21). According to

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plaintiff’s counsel, he inadvertently failed to properly calendar the due date for the motion, and

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apologizes for his error. The Commissioner does not oppose plaintiff’s motion for leave to file a

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late brief.

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In light of plaintiff’s counsel’s candor and apology, the Commissioner’s non-opposition,

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and the court’s desire to resolve the action on the merits, the court finds it appropriate to grant the

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motion.
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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for leave to file a late motion for summary judgment (ECF No. 21)

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is GRANTED.
2. Plaintiff’s motion for summary judgment (ECF No. 20) is DEEMED TIMELY
FILED.
3. All other case deadlines are adjusted accordingly.
Dated: July 13, 2017

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